Agenda item

Members, please note that all plans and supporting documents relevant to the review can be viewed online here and by entering the application reference number 220267.

The Local Review Body (LRB) of Aberdeen City Council met on this day to review the decision taken by an appointed officer under the Council’s Scheme of Delegation to refuse the application for the erection of a first floor extension at Kercallie Cottage, 8 Charles Place, Aberdeen, AB25 3TW, Planning Reference number 220267/DPP. 

Councillor Boulton as Chair, gave a brief outline of the business to be undertaken, advising that the LRB would be addressed by the Assistant Clerk, Mr Mark Masson with regards to the procedure to be followed and thereafter, by Ms Lucy Greene who would be acting as the Planning Adviser to the Body in the following case under consideration this day.

The Chairperson stated that although the Planning Adviser was employed by the planning authority, she had not been involved in any way with the consideration or determination of the application under review and was present to provide factual information and guidance to the Body only.  He emphasised that the officer would not be asked to express any view on the proposed application.

The Local Review Body was then addressed by Mr Masson, Assistant Clerk in regard to the procedure to be followed, at which time reference was made to the procedure note circulated with the papers calling the meeting and to more general aspects relating to the procedure.

In relation to the application, the LRB had before it (1) a delegated report by the Appointed Officer, Aberdeen City Council; (2) an application dated 3 March 2022; (3) the decision notice dated 16 June 2022; (4) links to the plans showing the proposal and planning policies referred to in the delegated report;  (5) the Notice of Review submitted by the applicant’s agent; and (6) a consultee response submitted by the Roads Development Management Team.

By way of a preliminary matter, the LRB heard Ms Greene advise that additional information (Appendix 9 – Shadow Cast) had been submitted by the applicant which was not before the appointed officer when the decision was made to refuse the application, therefore the LRB would need to consider whether to accept the additional information into the proceedings.

The LRB then heard from the Legal Adviser who made reference to Section 43B of the Town and Country Planning (Scotland) Act 1997.

The LRB members advised in turn and agreed unanimously not to accept the additional information into the proceedings for consideration.

Ms Greene then described the site advising that it comprised a single-storey granite-built dwellinghouse and its front and rear curtilage was in a residential area. The dwellinghouse had a northeast facing principal elevation. The immediate surrounding area was particularly dense in nature, with the site bounded by Charles Place, a pedestrian lane, to the northeast; residential dwellings (5 and 7 Charles Street) and a 7 bedroom HMO property (9 Charles Street) to the southeast; the residential flats of 506 George Street to the southwest and the PDSA Pet Hospital (30 Fraser Place), which had staff living

accommodation in its upper floor to the north. The building did not front a road as its principal elevation was screened from Charles Place by way of c.2m high boundary treatment. The dwellinghouse was visible from public areas on Charles Street to the southeast beyond the residential curtilage of 9 Charles Street to the southeast and beyond 30 Fraser Place from Fraser Place to the northwest.

Ms Greene outlined the appellant’s proposal which sought planning permission for the erection of an upper storey extension above the original dwelling to become two storeys in form with a hipped roof.

She indicated that the appointed officer’s reasons for refusal outlined in the decision notice was as follows:-

·       Design detailing and materials would lack architectural compatibility with original building;

·       Excessive scale and form would dominate the original building;

·       Upper storey would affect privacy, sunlight and daylight of neighbours and would be overbearing – privacy of flats at 506 George Street, sunlight, daylight and outlook for staff flat at PDSA;

·       Contrary to Policy H2 and D1 in adopted plan and Householder Supplementary Guidance; and

·       Contrary to H2, D1 and D2 (Amenity) in the Proposed Local Development Plan

Ms Greene outlined the key points from the appellant’s Notice of Review as follows:-

·       Impact on neighbour at PDSA (to north) had been resolved with ¾ storey, hipped roof and set back of upper storey from existing building;

·       Drawing demonstrated compliance with 25 and 45 degree rules;

·       Any development of this nature in a city centre may lead to reduction in amenity, however, proposals did not have significant detrimental impact;

·       An additional storey inevitably added height and mass;

·       Potential to add dormers did not work;

·       Materials are existing stonework from chimney, larch cladding, grey dry dash to end elevations and metal standing seam. All these were used extensively within the city;

·       There were a variety of building styles and materials in the area; and

·       Examples provided of similar proposals, including 90 Loch Street.

Ms Greene made reference to a consultee response from the Roads Development Management Team advising that they did not object to the proposal, and also indicating that no comments were submitted by the Community Council.

Ms Greene advised that the applicant had expressed the view that a site visit should be undertaken.

At this point in the proceedings, the LRB considered whether they had sufficient information before them to proceed to determine the review.

The Chairperson and Councillors Clark and Mackenzie advised in turn and each indicated that a site visit would be beneficial, therefore the LRB agreed unanimously that a site visit be held prior to determining the review.

The review under consideration was therefore adjourned for a site visit to be arranged.